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Will a Bill Before Congress Make It Impossible to File a Class Action Personal Injury Suit?Many of us in the personal injury field are looking closely at the Fairness in Class Action Litigation Act and how it will impact the American justice system. The way the Act is currently phrased, it could have a huge effect on class action settlements, yet many people aren’t talking about. If it’s made into law, it will make it virtually impossible for the average American to use a class action lawsuit to hold businesses accountable and to receive damages for their injuries.

What’s the problem with the Fairness in Class Action Litigation Act?

Essentially, the bill makes it law that everyone who is a plaintiff in a class action suit must have suffered not only the same type of injury but the same scope of injury. This means that anyone involved would have had to have the same harm as everyone else, and that it would be up to the plaintiff to prove that was the case.

Take this for an example. Let’s say a car manufacturer sold a car with faulty brakes. They knew the brakes were fault once it was released but took their time recalling the vehicle. Meanwhile, hundreds of people were injured as a result. This new law would mean that there would have to be different class actions for people who broke bones and those that suffered from brain injuries.

Not only that, but it would make it a requirement that the severity of those injuries were the same. Using the same example, if one person broke their arm and it healed within two months, they may not be allowed to be a plaintiff in the same class action suit as a person who broke both legs and required long-term physical therapy to recover.

Are class action lawsuits really necessary?

There are plenty of people in the United States who roll their eyes when they hear about class action lawsuits. This is generally because they don’t understand why they’re so important. Remember that the court system is one of the few ways a person can seek justice if they’ve suffered injuries or other damages as the result of a person or company’s recklessness or negligence.

In many cases, people who are injured by a corporation don’t have the resources to take on a multi-billion dollar companies on their own. These companies have a host of top-tier lawyers working for them. They also sell their products with contracts that put consumers at a disadvantage. This is why class action suits exist – so that if you’re harmed by a company, you can join forces with others who were hurt by that company.

Make no mistake – this effort to change the way class action suits are brought on are not being led by concerned citizens. Instead, they’re being run by corporations who want to minimize their risk in the marketplace. If you’ve been injured by a company, reach out to Law Offices of Fernando D. Vargas at 909-982-0707 for your free case evaluation.